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Litigation Tracker: Second Circuit

Covers Connecticut, New York, and Vermont

A landmark en banc ruling from the 2nd Circuit on February 26, 2018 inZarda v. Altitude Express, Inc established positive precedent that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act, the second federal appellate court to do so.

  • With its ruling in Zarda, the 2nd Circuit overturned discriminatory precedent set in Simonton v. Runyon, a decision issued August 22, 2000 in which the 2nd Circuit found Title VII does not prohibit discrimination based on sexual orientation. It also overturns a similar case in 2005, Dawson v. Bumble & Bumble, which dismissed plaintiffs’ claims as “impermissible bootstrapping” of sexual orientation claims into federal protections.

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Second Circuit

Soule v. Connecticut Association of Schools

Case Concerning School Athletics for Transgender Students

Key Date: February 12, 2020 • Case Filed
Status: Undergoing in Briefing in Federal Court
Type: Discrimination Targeting Transgender Students

Soul v. Connecticut Association of Schools is a case concerning discrimination based on gender identity or expression in schools. The lawsuit challenges the Connecticut Interscholastic Athletic Conference and multiple school boards who have transgender-inclusive policies.

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